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INCOME TAXES
12 Months Ended
Dec. 31, 2018
Income Tax Disclosure [Abstract]  
INCOME TAXES INCOME TAXES
Income before income taxes consisted of the following:

(In millions)
 
2018
 
2017
 
2016
Domestic
 
$
54.7

 
$
47.1

 
$
45.4

Foreign
 
65.7

 
57.5

 
58.7

 
 
$
120.4

 
$
104.6

 
$
104.1



The income tax provision/(benefit) from continuing operations consisted of the following:

(In millions)
 
2018
 
2017
 
2016
Current:
 
 
 
 
 
 
Federal
 
$
4.6

 
$
29.7

 
$
9.6

Foreign
 
14.3

 
10.2

 
11.4

State
 
1.2

 
1.1

 
0.8

Total current
 
20.1

 
41.0

 
21.8

Deferred:
 
 

 
 

 
 

Federal
 
3.6

 
(10.7
)
 
2.9

Foreign
 
(2.6
)
 
(4.5
)
 
(1.0
)
State
 
(6.2
)
 
0.2

 
1.1

Total deferred
 
$
(5.2
)
 
$
(15.0
)
 
$
3.0

 
 
$
14.9

 
$
26.0

 
$
24.8



A reconciliation of the tax provision for continuing operations at the U.S. statutory rate to the effective income tax expense rate as reported is as follows:

 
 
2018
 
2017
 
2016
U.S. Federal statutory rate
 
21.0
 %
 
35.0
 %
 
35.0
 %
State income taxes, net of federal benefit
 
1.1

 
1.0

 
(0.3
)
Foreign operations
 
(3.5
)
 
(10.2
)
 
(8.4
)
R&D tax credits
 
(0.7
)
 
(0.9
)
 
(0.6
)
Uncertain tax position adjustments
 
(0.5
)
 
(0.5
)
 
(2.5
)
Deferred tax adjustments - restructuring and rate adjustments
 

 
(1.2
)
 
0.3

Valuation allowance on state and foreign deferred tax
 
(2.4
)
 
(1.2
)
 
2.4

Purchase of noncontrolling interest
 

 
(2.3
)
 

Share-based compensation
 
(1.3
)
 
(1.9
)
 
(1.1
)
Realized foreign currency loss
 
(0.1
)
 
(1.5
)
 

Other items
 
0.9

 
(1.3
)
 
(1.0
)
Impact of the Tax Act
 
 
 
 
 
 
Transition tax
 
0.5

 
18.1

 

Deferred tax effects
 
(0.3
)
 
(8.3
)
 

Foreign Derived Intangible Income
 
(2.3
)
 

 

Effective tax rate
 
12.4
 %
 
24.8
 %
 
23.8
 %


The effective tax rate continues to be lower than the statutory rate of 21 percent primarily due to foreign earnings taxed at rates below the U.S. statutory rate, as well as recognition of the deduction for Foreign Derived Intangible Income, and certain discrete events.

The U.S. Tax Cuts and Jobs Act (Tax Act) was enacted on December 22, 2017 and introduced significant changes to U.S. income tax law. Effective in 2018, the Tax Act reduced the U.S. statutory tax rate from 35 percent to 21 percent, modified existing provisions, and created new provisions including a U.S. based foreign export incentive referred to as Foreign Derived Intangible Income.

The Company’s accounting for all aspects of the Tax Act is complete. As noted at year-end 2017, the Company was able to reasonably estimate certain effects and, therefore, recorded provisional adjustments associated with the deemed repatriation transition tax and the remeasurement of deferred taxes. The Company made additional measurement period adjustments of net $0.2 million expense related to these items during 2018 as as result of additional information received. The Company recorded additional expense of $0.6 million related to the deemed repatriation transition tax and a benefit of $0.4 million related to the remeasurement of deferred taxes.

The Company recorded discrete excess tax benefits from share-based compensation of $1.8 million in the twelve-month period ended December 31, 2018 pursuant to ASU 2016-09. ASU 2016-09 can add variability to the Company’s provision for income taxes, mainly due to the timing of stock option exercises, vesting of restricted stock, and the stock price.

During the twelve-month period ended December 31, 2018, the Company recorded a net discrete benefit related to the release of valuation allowances on deferred taxes of $4.2 million in domestic and foreign jurisdictions.

Significant components of the Company’s deferred tax assets and liabilities were as follows:

(In millions)
 
2018
 
2017
Deferred tax assets:
 
 
 
 
Accrued expenses and reserves
 
$
9.4

 
$
9.6

Compensation and employee benefits
 
16.2

 
17.4

Other items
 
18.1

 
15.0

Valuation allowance on state and foreign deferred tax
 
(6.8
)
 
(9.8
)
Total deferred tax assets
 
36.9

 
32.2

Deferred tax liabilities:
 
 

 
 

Accelerated depreciation on fixed assets
 
12.2

 
12.0

Amortization of intangibles
 
45.0

 
41.9

Other items
 

 
0.3

Total deferred tax liabilities
 
57.2

 
54.2

Net deferred tax liabilities
 
$
(20.3
)
 
$
(22.0
)


The Company assesses the available positive and negative evidence to estimate whether sufficient future taxable income will be generated to permit use of the existing deferred tax assets. A significant piece of objective negative evidence evaluated was the cumulative loss for certain state and foreign income tax purposes incurred over the 3-year period ended December 31, 2018. Such objective evidence limits the ability to consider other subjective evidence, such as projections for future growth.

On the basis of this evaluation, as of December 31, 2018, a valuation allowance of $6.8 million has been recorded to recognize only the portion of the deferred tax assets that are more likely than not to be realized. The Company has foreign income tax net operating loss (“NOL”) carryforwards of $10.0 million and state income tax NOL and credit carryforwards of $6.9 million, which will expire on various dates as follows:

(In millions)
 
2018-2019
$
0.4

2020-2024
2.8

2025-2029
4.0

2030-2034
2.0

2035-2039
0.7

Unlimited
7.0

 
$
16.9



The Company believes that it is more likely than not that the benefit from certain foreign NOL carryforwards as well as certain state NOL and state credit carryforwards will not be realized. In recognition of this risk, the Company has provided a valuation allowance of $5.0 million on the deferred tax assets related to these foreign NOL carryforwards and a valuation allowance of $1.8 million on the deferred tax assets related to these state NOL and credit carryforwards.

As of December 31, 2018, the Company has accumulated undistributed earnings generated by our foreign subsidiaries of approximately $381.1 million. Because $339.2 million of such earnings have previously been subject to the one-time transition tax on foreign earnings required by the 2017 Tax Act, any additional taxes due with respect to such earnings or the excess of the amount for financial reporting over the tax basis of our foreign investments would generally be limited to foreign and state taxes. We intend, however, to indefinitely reinvest these earnings and expect future U.S. cash generation to be sufficient to meet future U.S. cash needs.

As of the beginning of fiscal year 2018, the Company had gross unrecognized tax benefits of $1.3 million, excluding accrued interest and penalties.  The unrecognized tax benefits increased due to uncertain tax positions identified in the current year based on evaluations made during 2018 which were offset by statue expirations. The Company had gross unrecognized tax benefits, excluding accrued interest and penalties, of $1.1 million as of December 31, 2018.

A reconciliation of the beginning and ending amount of gross unrecognized tax benefits for 2018, 2017, and 2016 (excluding interest and penalties) is as follows:

(In millions)
 
2018
 
2017
 
2016
Beginning balance
 
$
1.3

 
$
1.3

 
$
2.4

Additions for tax positions of the current year
 

 
0.4

 
0.1

Additions for tax positions of prior years
 
0.3

 
0.2

 
0.1

Reductions for tax positions of prior years
 

 

 
(0.2
)
Statute expirations
 
(0.5
)
 
(0.6
)
 
(1.1
)
Settlements
 

 

 

Ending balance
 
$
1.1

 
$
1.3

 
$
1.3



If recognized, each annual effective tax rate would be affected by the net unrecognized tax benefits of $1.0 million, $1.3 million, and $1.3 million as of year-end 2018, 2017, and 2016, respectively.

The Company recognizes interest and penalties related to unrecognized tax benefits as a component of income tax expense. In 2018, interest and penalties decreased $0.3 million, for prior year tax positions. The Company has accrued interest and penalties as of December 31, 2018, December 31, 2017, and December 31, 2016 of approximately $0.3 million, $0.6 million, and $1.1 million, respectively.

The Company is subject to taxation in the United States and various state and foreign jurisdictions. With few exceptions, as of December 31, 2018, the Company is no longer subject to U.S. federal income tax examinations by tax authorities for years before 2015 and is no longer subject to foreign or state income tax examinations by tax authorities for years before 2013.

It is reasonably possible that the amounts of unrecognized tax benefits could change in the next twelve months as a result of an audit or due to the expiration of a statute of limitation. Based on the current audits in process and pending statute expirations, the payment of taxes as a result could be up to $0.4 million.